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Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1108474896
Category : Law
Languages : en
Pages : 363
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Book Description
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1108474896
Category : Law
Languages : en
Pages : 363
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Book Description
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author: Cheng-Yi Huang
Publisher: Taylor & Francis
ISBN: 042999883X
Category : Law
Languages : en
Pages : 263
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Book Description
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Author: Chaihark Hahm
Publisher: Cambridge University Press
ISBN: 110701882X
Category : Law
Languages : en
Pages : 329
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Book Description
This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.
Author: Chaihark Hahm
Publisher: Bloomsbury Publishing
ISBN: 1509919201
Category : Law
Languages : en
Pages : 289
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Book Description
The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.
Author: Robert A. Goldwin
Publisher: A E I Press
ISBN:
Category : Constitutional law
Languages : en
Pages : 160
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Book Description
To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
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Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1139536346
Category : History
Languages : en
Pages : 365
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Book Description
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.
Author: Felix Petersen
Publisher: Cambridge University Press
ISBN: 1108497624
Category : Law
Languages : en
Pages : 427
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Book Description
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325
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Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author: Amrei Müller
Publisher: Cambridge University Press
ISBN: 1107173582
Category : Law
Languages : en
Pages : 641
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Book Description
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
